The proposal for modifying the unemployment attestation

The unemployment attestation The new model of unemployment attestation, issued by the employer, was published on the website of the Ministry of Labor, as a proposed change in the enforcement rules for the law 76/2002.

The attestation required for entitlement to unemployment benefit is issued by the employer and contains monthly basis for calculating individual contribution to the unemployment insurance budget.

The law 250/2013 which amends law 76/2002 was published in Official Monitor no. 457 of 24 June 2013. The enactment brings several changes to unemployment insurance legislation, which came into force in October this year. Consequently, the Ministry of Labor updated the enforcement rules for the law 76/2002 by linking the new regulations operated by law 250/2013 with current legislation. These rules are currently a subject to public debate.

What changes are proposed to the attestation of unemployment?

The unemployed who have ceased employment for reasons beyond their receive unemployment benefits under the law 76/2002, if the following conditions are met simultaneously:

  • have contributed for at least 12 months in the last 24 months preceding the date of filing the application;
  • no income or the income from legal activities is lower than the value of social reference indicator in force;
  • do not qualify for retirement;
  • are registered at the employment agencies in the jurisdiction of domicile.

Employers are obliged, according to that law, to issue an attestation to persons who cease employment relations. The monthly basis for calculating individual contribution to unemployment results from this certificate.

The proposed model of attestation no longer requires emphasizing the flow or periods in which contributions were paid. As before, an attestation will contain data on:

  • periods in which the prestart activities;
  • periods in which labor relations were suspended;
  • the date and reason for termination of employment.

In the context of the occurrence of inconsistencies between this certificate and monthly statements regarding the obligations of social contributions, income tax and nominal record of insured persons submitted by the employer, the agency of unemployment will require correctly written documents and their submission to the agency within 5 days of receipt of the request.

The refusal to issue an attestation of unemployment is amended with amounts from 3000 to 5000 lei.

See the proposed model for unemployment attestation.

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